Competing summary judgment motions arose from acrimonious litigation following a lawyer's withdrawal from a Thunder Bay law firm and related management partnership.
The court held that summary judgment was inappropriate because multiple interrelated claims, including breach of trust, slander, defamation, and a separate substantial claim for work in progress and disbursements, would proceed regardless, creating risks of duplication and inconsistent findings.
In resolving factual matters relevant to case management, the court found the withdrawing partner did not actually leave the partnership until November 11, 2011, and that the associated family trust was required to withdraw from the management partnership on the same date.
Both summary judgment motions were dismissed and no costs were awarded.